Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - A person availing any service from a bank - He is a `consumer' under the Act...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - Deficiency on the part of bank alleged that bank credited the proceeds of a joint FD exclusively to the account of his father - There was no claim against the father - Complaint of deficiency of service was against the bank - SCDRC had no justification to relegate the appellant to pursue his claim..........
Negotiable Instruments Act, 1881, Section 138, 118, 20 -- Dishonour of cheque - Writing on cheque - Name of payee written in different ink will not per se render cheque invalid in view of Ss.118 & 20 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signature on cheque and trade relationship between complainant and accused is admitted by accused - Ledger accounts extract maintained in the course of business proves debt payable by accused to complainant - Accused rightly convicted...........
Stamp Act, 1899, Section 29(f) -- Deficient stamp duty - Certificate of sale - Vendee has been put in possession of property in question and he has accepted the title of same - No objection raised by vendee himself that he has been given a defective title - In such situation it is the vendee who would be liable to pay deficient stamp duty...........
Court Fees Act, 1870, Section 7(i) -- Ad valorem Court fee - Plaintiff under the garb of suit for declaration with mandatory injunction, is seeking recovery of specified amount of Rs.15 lakhs as damages - It is thus, a suit for money - Ad valorem Court fee as per S.7(i) of the Act is payable according to amount claimed by plaintiff...........
Karnataka Land Reforms Act, 1962, Section 44 -- Occupancy rights - Respondent was in possession and was cultivating subject land immediately prior to vesting date u/s 44 of the Act - Occupancy rights therefore, rightly conferred to respondent...........
Karnataka Land Reforms Act, 1962, Section 44, 45 -- Karnataka (Personal and Miscellaneous) Inams Abolition Act,1954 - Occupancy rights - Termination of proceedings under 1954 Act in regard to grant of occupancy rights cannot bar an enquiry to establish claim u/s 45 of 1961 Act by Land Tribunal...........
General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114(f) -- Notice sent by registered post to correct address - Same when received back with postal endorsement with regard to non service of any reason, except incorrect address shall be treated sufficient service of notice...........
Evidence Act, 1872, Section 112, Criminal Procedure Code, 1973, Section 233 -- DNA test - To prove innocence of accused and not to establish relationship between applicant and informant - No impinge on personal liberty and right to privacy or family members...........
